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Research On Chinese Mining Land Reclamation Legal System

Posted on:2013-08-08Degree:MasterType:Thesis
Country:ChinaCandidate:T ZhangFull Text:PDF
GTID:2266330374465619Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
Mineral resources, as an important part of natural resources, are the material basis of national economic development. Land is one of the most important resources of nature, is the foundation of human survival and development. In recent years, with the exploitation of mineral resources and the mining depth increasing, the mining entered a golden period of development, the land resource was destroyed, the mining area environment deteriorated sharply. At the same time, this also led to increasingly acerb contradiction of the relationship between man and land. In fact, massive destruction of a large part of land can be rearranged by, but the effect of reclamation is not very ideal. No doubt, if the mining area land reclamation work is given enough attention, and on reclaimed land we suit one’s measures to local conditions, we develop agriculture if the land appropriate farming, we develop construction industry if the land appropriate building, it is meaningful to the protection of China’s arable land and the reasonable planning of land natural resources.The so-called land reclamation of mining area, namely in the mine area, in the process of mining of mineral resources, due to digging, collapsing and occupying, the land is destroyed, then we take remedial measures and bring it back to the available state. Of course, this is the official definition in the light of China’s national conditions. China’s land reclamation of mining area, strictly speaking, began in the nineteen fifties, accompanying with the development of national economy, some mining enterprises spontaneously did some reclamation on destroyed land. Later, similar activities due to the government’s attention happened, and then they carried out organized practice of land reclamation. In fact, certain level land reclamation increased the cultivated area, alleviated the contradiction between man and land, and improved the environment of mining area. The State Council issued "land reclamation provision" in1988, our country’s mining area land reclamation work began to enter organized and legal orbit stage by stage, and all levels of government gave too much attention. Promulgated in1999, the new "land management law" contained a lot of land reclamation provisions. The nearest is the "2011land reclamation ordinance" adopted by the State Council, marking that China’s land reclamation work entered a new stage and further standardize. However, our relevant legal system construction of land reclamation of mining area started late, urgently need a sound to meet the requirements of the times of mine land reclamation law system, which includes a number of supporting system, the implementing rules, reclamation fund legal safeguards, the supervision, public participation and so on, in order to promote mining area land reclamation work.This paper aims to study the development of land reclamation and the basic situation of legal construction, through comparative analysis in legislation aspect between the Chinese and foreign mining area land reclamation, to recognize the reality of our country, and draw lessons from the advanced experience of land reclamation of mining area in foreign developed countries, in order to perfect the legal system of land reclamation in mine area in China and propose some suggestions. This paper is mainly divided into five parts, the first part introduces the significance of the topic and purpose, the research contents and methods then will be sorted out. The second part, the author introduces the basic theory of mining land reclamation, in order to understand what it is. The third part, analysis of foreign legal system of land reclamation of mining area shows, the advanced experience will be illustrated. The fourth part is to be clear about real problem of the legal system in our country, find out the crux of the problem. The last part put forward some suggestions to perfect the legal system of land reclamation in mining area in China and solve the legal problem.
Keywords/Search Tags:Mine, Ecological compensation, Land reclamation in mining area, Environmental restoration margin, Public participation
PDF Full Text Request
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